(b) For the purposes of subdivision (a), the department shall categorize each citation into one of the following categories that is most applicable or relevant based on the facts and circumstances of the citation.

(1) Physical abuse includes, but is not limited to, assault, battery, assault with a deadly weapon or force likely to produce great bodily injury, unreasonable physical constraint, prolonged or continual deprivation of food or water, or the use of a physical or chemical restraint or psychotropic medication for punishment or any purposes not authorized by the physician and surgeon.

(2) Sexual abuse includes, but is not limited to, sexual battery, rape, rape in concert, incest, sodomy, oral copulation, sexual penetration, or lewd and lascivious acts.

(3) Abandonment includes, but is not limited to, the desertion or willful forsaking of an elder or a dependent adult by anyone having care or custody of that person under circumstances in which a reasonable person would continue to provide care and custody.

(4) Financial exploitation or abuse includes, but is not limited to, taking, secreting, appropriating, obtaining, or retaining real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both, including the use of undue influence in these acts.

(5) Involuntary seclusion or isolation includes, but is not limited to, acts intentionally committed for the purpose of preventing, and that do serve to prevent, an elder or dependent adult from receiving their mail or telephone calls, contact with prospective visitors, including friends, family, or concerned persons, false imprisonment, and physical restraint for the purpose of preventing the elder or dependent adult from meeting with others.

(6) Mental abuse or suffering includes, but is not limited to, fear, agitation, confusion, severe depression, or other forms of serious emotional distress that is brought about by forms of undue influence, punishment, verbal abuse, humiliation, intimidation, threats, harassment, or by deceptive acts performed, or by false or misleading statements made with malicious intent to agitate, confuse, frighten, or cause severe depression or serious emotional distress of the elder or dependent adult.

(7) Neglect includes, but is not limited to, the negligent failure of a person having the care or custody of an elder or a dependent adult to exercise that degree of care that a reasonable person in a like position would exercise, including the failure to assist in personal hygiene or in the provision of food, clothing, or shelter, the failure to provide medical care for physical and mental health needs, the failure to protect from health and safety hazards, and the failure to prevent malnutrition or dehydration.

(e) The assignment of a specific abuse category is not subject to appeal. Licensees retain the right to appeal the underlying citation, finding of violation, or associated civil penalty. Any successful appeal that modifies or overturns the underlying determination will automatically be reflected in the assigned abuse category.